Soldiers not exempt from ordinary

ceedings.j

imprisonment, forfeiture of pay or pension, or any other punishment which shall accord with the usage of the service. No person acquitted or convicted by a civil magistrate or by a jury is to be tried by court martial for the same offence.

It

The Act does not, however, exempt soldiers from being punishable by the ordinary criminal courts. criminal pro- expressly provides that nothing therein is to be construed to extend to exempt any officer or soldier from being proceeded against by the ordinary courts of law, when accused of felony or misdemeanor, or of any offence other than absenting himself from service or misconduct respecting his contract (s). And if a person who has been sentenced for an offence by a court martial is afterwards tried by a civil court for the same offence, that court in awarding punishment shall have regard to the military punishment he may have already undergone.

Naval Discipline Act.

As to the navy.—The Naval Discipline Act (1866) (t) makes similar provisions for the navy as to courts martial, the trial of offences, no exemption from ordinary criminal jurisdiction, &c.

Certain coinage offences

formerly treason.

COINAGE OFFENCES.

So decidedly were offences relating to the coin regarded as offences against the government, inasmuch as they not only infringed the royal prerogative, but also were calculated to make the public faith suspected, that in the statute of Edward III. two of them were declared treason, viz., (a) the actual counterfeiting the gold and silver coin of the realm, and (b) the importing such counterfeit money with intent to utter it,

(8) 42 & 43 Vict. c. 33, ss. 138, 155.

(t) 29 & 30 Vict. c. 109.

knowing it to be false (u). These offences were, however, made felonies by a later statute (v).

It may be noticed that at least one class of coinage offences, viz., uttering counterfeit money, might be dealt with as a particular case of obtaining goods or money by false pretences (w).

The law on the subject under consideration has been consolidated by a recent statute (x). It will be our task to present its matter under several heads.

ing.

A. Counterfeiting Coin.-A distinction is made as to Counterfeitthe kind of coin. Whosoever falsely makes or counterfeits any coin resembling, or apparently intended to resemble or pass for

i. The current gold or silver coin of this realm, commonly called the Queen's money (y),

ii. Foreign gold or silver coin (2),

iii. The Queen's current copper coin (a),

is guilty of felony, and is punishable, in the case of gold and silver coin of the realm, with penal servitude to the extent of life; in the other cases, to the extent of seven years.

Counterfeiting

iv. Foreign coin other than gold or silver coin is a misdemeanor, punishable for the first offence with imprisonment not exceeding one year; for the second offence with penal servitude to the extent of seven years (b).

(u) v. p. 48.

(v) 2 Wm. 4, c. 34.

(w) Fitz. St. 141.

(x) 24 & 25 Vict. c. 99. In the present division the quoting of a section must be understood to refer to this Act.

(y) s. 2.

(z) s. 18.

(a) s. 14.

(b) s. 22.

E

Colouring.

Impairing.

Defacing.

The offence is complete although the false coin has not been finished, or is not in a fit state to be uttered (c); much less is any attempt to utter necessary. Any one, not necessarily an officer from the Mint, may at the trial prove the falseness (d). In this offence is included that committed by persons lawfully engaged in coining, who make the coin lighter or of baser alloy. The counterfeiting can generally only be proved by circumstantial evidence; for example, by proof of finding coining tools in working order, and pieces of the money, some in a finished, some in an unfinished state.

B. Colouring Coin.-Colouring, washing, &c., counterfeit coin, or any piece of metal with intent to make it pass for gold or silver coin; or colouring, filing, or otherwise altering genuine coin with intent to make it pass for coin of a higher degree, is a felony punishable with penal servitude to the extent of life (e).

C. Impairing, &c., Gold and Silver Coin.-Impairing, diminishing, or lightening any of the Queen's gold or silver coin, with the intent that it shall pass for gold or silver coin, is felony, punishable with penal servitude to the extent of fourteen years (ƒ).

Having in possession any filings, clippings, dust, &c., obtained by the above-mentioned process, is a felony, the limit of penal servitude for which is seven years (g).

D. Defacing Coin.-Defacing the Queen's gold, silver, or copper coin, by stamping theron any names or words, although the coin be not thereby lightened, is a misdemeanor, punishable with imprisonment not exceeding

one year (h). It should be added that coin so defaced is not legal tender; and by the permission of the Attorney-General or Lord Advocate, any person who tenders or puts off coin so defaced may be brought before two magistrates, and on conviction be fined not exceeding forty shillings (i).

counterfeit

value.

E. Buying or Selling, &c., Counterfeit Coin at lower Dealing in value.—Any person without lawful authority or excuse coin under its (the proof whereof lies on the accused), buying, selling, receiving, or putting off any counterfeit coin for a lower rate or value than it imports, is guilty of felony. If the counterfeit be of gold or silver the extent of penal servitude is life (j); if copper, the limit is seven years (k).

F. Importing and Exporting Counterfeit Coin.-Im- Importing. porting or receiving into the United Kingdom from beyond the seas, without lawful authority, &c., counterfeit gold or silver coin, knowing the same to be false and counterfeit, is a felony, punishable with penal servitude to the extent of life (1). It is said that importing the coin from the Queen's dominions beyond the seas does not fall within this section, because the counterfeiting there is punishable by the laws of England (m). Importing foreign counterfeit coin is a felony, the limit of the penal servitude for which is seven years (n).

Exporting, or putting on board any vessel for the Exporting. purpose of being exported from the United Kingdom

any coin counterfeit of the Queen's current coin, with

Uttering.

Having in possession.

out lawful authority, &c., is a misdemeanor punishable with imprisonment not exceeding two years (o.)

G. Uttering Counterfeit Coin.-Tendering, uttering, or putting off counterfeit gold or silver coin, knowing the same to be false and counterfeit, is a misdemeanor punishable with imprisonment not exceeding one year (p). If at the time of uttering the offender has any other counterfeit coin in his possession, or if he within ten days utters another coin, knowing it to be counterfeit, the punishment may extend to two years (9). If the uttering is after a previous conviction for either of these offences, or for having in possession three or more pieces of counterfeit, or for any felony relating to the coin, the utterer is guilty of felony, and may be sentenced to penal servitude for life (r).

Uttering counterfeit coin meant to resemble a foreign gold or silver coin, is punishable for the first offence with imprisonment not exceeding six months; for the second not exceeding two years. The third offence is a felony punishable with penal servitude to the extent of life (s).

Uttering spurious coin, e.g., foreign coin, medals, pieces of metal, &c., as current gold or silver coin, with intent to defraud, is a misdemeanor punishable with imprisonment to the extent of one year (t).

H. Having Counterfeit Coin in Possession.-Having three or more counterfeit gold or silver coins in possession, knowing them to be counterfeit, and intending to utter or put off them, or any of them, is a misdemeanor

(0) s. 8.

(p) s. 9.

(9) s. 10.

(r) s. 12.

(8) ss. 20, 21.

(t) s. 13.